In its recent decision in Enka v Chubb [2020] UKSC 38, the U.K. Supreme Court has provided a high degree of clarity on the test to be applied to determine the governing law of an arbitration agreement. The Court also took...more
The ongoing Kout Food saga provides a salutary reminder that difficult issues can sometimes arise when parties choose different systems for the substantive law of their contractual relationship and the curial law of the seat...more
7/13/2020
/ Appeals ,
Arbitral Authority ,
Arbitration Awards ,
Choice-of-Law ,
Contract Terms ,
Court of Cassation ,
Enforcement of Foreign Judgments ,
France ,
Franchises ,
Jurisdiction ,
Non-Signatories ,
Split of Authority ,
UK ,
UK Supreme Court
In its recent decision in Enka v Chubb [2020] EWCA Civ 574,1 the Court of Appeal strongly endorsed the English courts' power to grant anti-suit injunctions restraining foreign proceedings brought in breach of an arbitration...more